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Avilez v. State

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OPINION

A jury convicted appellant Steven Avilez of stalking (trial court case number 1119152; appellate court case number 01-07-00592-CR) and violation of a protective order (trial court case number 1119154; appellate court case number 01-07-00591-CR). See TEX. PENAL CODE ANN. §§ 25.07, 42.072 (Vernon 2003 & Supp. 2010). The jury sentenced him to prison for three years on each count, with the sentences to run concurrently.

Avilez brings two issues on appeal. He contends that his convictions violate the Double Jeopardy clauses of the Texas and United States Constitutions, but we overrule this issue because the offenses of stalking and violating a protective order each contain unique elements that are not required for conviction of the other offense. Avilez also contends that he is entitled to a new trial because the trial court was biased against him. We decline to reverse on that ground because his complaints relate to the trial court’s exercise of discretion in regulating the conduct of the trial, and he does not allege fundamental trial error implicating constitutional guarantees of due process. Accordingly, we affirm.

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